What is use requirement after trademark registration in Peru? What actions could be considered as use of trademark in Peru? Could we stop validity of trademark registration certificate based on non-use for a period of time? How many years of non-use?
The trademark is required to be used in Peru and it must be used within three years from the registration date. The use of trademark must be on commercial scale and must be occur in any member of the Andean Community.
In case the owner of the protected trademark failed to comply with the requirement of trademark use, the protected trademark may be cancelled based on the ground of non-use.
What are required documents for renewal trademark in Peru? Is grace period after renewal date allowed?
The grace period is 06 months from the expire date of the trademark registration. The power of attorney is required for renewing a trademark in Peru.
Is cancellation of trademark registration in Peru available? What is the foundations for such cancellation?
The cancellation of trademark registration in Indonesia is available. A trademark may be cancelled where:
– The mark that are conflict with the protected industrial design or geographical indication.
– The mark is generic;
– The mark is against the public policy or morality of the social.
– The registered trademark conflict with the earlier trademark.
– The marks that breach the copyright of another parties.
– The trademark consists the signs are undistinguishable such as the sign indicates the kind, quality, quantity, intended purpose or value of goods/services or other characteristics of goods or services.
– The mark that are similar or identical with the well-known trademark.
– The mark that are similar or identical with the armorial bearings, flags and other state emblems.
– The mark that are deceive the public.
Is customs record of trademark registration available in Peru?
The trademark registration may be recorded on customs data, but it is not automatically mechanism. The owner of Trademark must file the request to Customs authority of Peru for assistance with enforcement of trademarks.